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SENATE FLOOR VERSION
April 11, 2022
AS AMENDED
ENGROSSED HOUSE
BILL NO. 3609 By: Echols, McDugle, Roe and
Fugate of the House
and
Garvin of the Senate
[ Oklahoma Pharmacy Act - unlawful acts by licens ees
- restrictions or conditions imposed by pharmacy
benefits manager - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 353 .24, is
amended to read as follows:
Section 353.24 A. It shall be unlawful for any licensee or
other person to:
1. Forge or increase the quantity of drug in any prescription,
or to present a prescription bearing forged, fictitious or altered
information or to possess any drug secured by such forged,
fictitious or altered prescription;
2. Sell, offer for sale, barter or give away any unused
quantity of drugs obtained by prescription, except through a program
pursuant to the Utilization of Unused Pre scription Medications Act
or as otherwise provided by th e State Board of Pharmacy;
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3. Sell, offer for sale, barter or give away any drugs damaged
by fire, water, or other causes without first obtaining the written
approval of the Board or the State Depar tment of Health;
4. No person, firm or business establis hment shall offer to the
public, in any manner, their services as a "pick-up station" or
intermediary for the purpose of having prescriptions filled or
delivered, whether for profit or gratuitously. Nor may the owner of
any pharmacy or drug store authoriz e any person, firm or business
establishment to act for them in this manner with these exceptions:
a. patient-specific filled prescriptions may be delivered
or shipped to a prescriber 's clinic for pick-up by
those patients whom the prescriber has individua lly
determined and documented do not have a permanent or
secure mailing address,
b. patient-specific filled prescriptions for drugs which
require special handling written by a prescriber may
be delivered or shipped to the prescriber's clinic for
administration or pick-up at the prescriber's office,
c. patient-specific filled prescriptions, including
sterile compounded drugs, may be delivered or shipped
to a prescriber's clinic where they shall be
administered,
d. patient-specific filled prescriptions for pa tients
with end-stage renal disease (ESRD) may be delivered
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or shipped to a prescriber's clinic for administ ration
or final delivery to the patient,
e. patient-specific filled prescriptions for
radiopharmaceuticals may be delivered or shipped to a
prescriber's clinic for administration or pick-up, or
f. patient-specific filled prescriptions may be delivered
or shipped by an Indian Health Services (IHS) or
federally recognized tribal health organization
operating under the IHS in the delivery of the
prescriptions to a pharmacy operated by the IHS or a
federally recognized tribal health organization for
pick-up by an IHS or tribal patient.
However, nothing in this paragrap h shall prevent a pharmacist or
an employee of the pharmacy from personally receiving a p rescription
or delivering a legally filled prescription to a residence, office
or place of employment of the patient for whom the prescription was
written. Provided f urther, the provisions of this paragr aph shall
not apply to any Department of Mental Heal th and Substance Abuse
Services employee or any person whose facility contracts with the
Department of Mental Health and Substance Abuse Services whose
possession of any dangerous drug, as defined in Sect ion 353.1 of
this title, is for the purpose of deliv ery of a mental health
consumer's medicine to the consumer's home or residence. Nothing in
this paragraph shall prevent veterinary prescription drugs from
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being shipped directly from an Oklahoma licensed wholesaler or
distributor registered with the Oklah oma Board of Veterinary Medical
Examiners to a client; provided, such drugs may be dispensed only on
prescription of a licensed veterinarian and only when an existing
veterinary-client-patient relationship exists. Nothing in this
paragraph shall prevent d ialysate and peritoneal dialysis devices
from being shipped directly from an Oklahoma licensed manufacturer,
wholesaler or distributor to an ESRD patient or patient 's designee,
consistent with subsection F of Section 353.18 of this title;
5. Sell, offer for sale or barter or buy any professional
samples except through a program pursuant to the Utilization of
Unused Prescription Medications Act;
6. Refuse to permit o r otherwise prevent members of the Bo ard
or such representatives thereof from entering and inspecting any and
all places, including premises, vehicles, equipment, contents, and
records, where drugs, medicine, chemicals or poisons are stored,
sold, vended, given away, compounded, dispensed, re packaged,
transported, or manufactured;
7. Interfere, refuse to participate in, impede or otherwise
obstruct any inspection, investigation or disciplinary procee ding
authorized by the Oklahoma Pharmacy Act;
8. Possess dangerous drugs without a valid pr escription or a
valid license to possess such drugs; pro vided, however, this
provision shall not apply to any Department of Mental Health and
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Substance Abuse Servic es employee or any person whose facility
contracts with the Department of Mental Health and Substance Abuse
Services whose possession of any dangero us drug, as defined in
Section 353.1 of this title, is for the purpose of delivery of a
mental health consum er's medicine to the consumer's home or
residence;
9. Fail to establish and maintain effec tive controls against
the diversion of drugs for any othe r purpose than legitimate
medical, scientific or industrial uses as provided by state, federal
and local law;
10. Fail to have a written drug diversion detectio n and
prevention policy;
11. Possess, sell, offer for sale, barter or give away any
quantity of dangerous drugs not listed as a scheduled drug pursuant
to Sections 2-201 through 2-212 of Title 63 of the Oklahoma Statutes
when obtained by prescription bea ring forged, fictitious or altered
information.
a. A first violation of this section shall const itute a
misdemeanor and upon conviction shall be punishable by
imprisonment in the county jail for a term no t more
than one (1) year and a fine in an amount no t more
than One Thousand Dollars ($1, 000.00).
b. A second violation of this section shall constit ute a
felony and upon conviction shall be punishable by
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imprisonment in the Department of Corrections for a
term not exceeding five (5) years and a fine in an
amount not more than Two Thousand Do llars ($2,000.00);
12. Violate a Board order or agreed order ;
13. Compromise the security of licensure examination materials;
or
14. Fail to notify the Board, in writ ing, within ten (10) days
of a licensee or perm it holder's address change.
B. 1. It shall be unlawful for any person o ther than a
licensed pharmacist or physician to certify a prescription before
delivery to the patient or the patient's representative or
caregiver. Dialysate and peritoneal dialysis devices supplied
pursuant to the provisions of subsection F of Section 35 3.18 of this
title shall not be required to be certified by a pharmacist prior to
being supplied by a manufacturer, wholesaler or distri butor.
2. It shall be unlawful for any perso n to institute or manage a
pharmacy unless such person is a licensed pharma cist or has placed a
licensed pharmacist in charge of such pharmacy.
3. No licensed pharmacist shall manage, supervise or be in
charge of more than one pharmacy.
4. No pharmacist being requested to sell, furnish or compound
any drug, medicine, chemical o r other pharmaceutical prepa ration, by
prescription or otherwise, shall substitute or cause to be
substituted for it, without authority of the prescriber or
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purchaser, any like dr ug, medicine, chemical or pharmaceuti cal
preparation.
5. No pharmacy, pharma cist-in-charge or other pers on shall
permit the practice of pharmacy except by a licensed pharmacist or
assistant pharmacist.
6. No person shall subvert the authority of the ph armacist-in-
charge of the pharmacy by impeding the management of the
prescription department to act in comp liance with federal and state
law.
C. 1. It shall be unlawful for a pharmacy to resell dangerous
drugs to any wholesale distributor.
2. It shall be unlawful for a wholesale distribu tor to purchase
drugs from a pharmacy.
3. It shall be unlawful for a ph armacy benefits manager to
impose restrictions or conditions on a pharmacy related to drug
purchase sources or timing of drug purchases for payment of billed
claims for drug products.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
April 11, 2022 - DO PASS AS AMENDED